Wednesday, July 24, 2013

Have You Been Charged With A Probation Violation?

In Orange County or Los Angeles County, if you have been convicted of a crime Misdemeanor or Felony, you were most likely assigned a probationary period of three (3) years. During this time there are a number of rules, which if violated, could result in you being charged with a Probation Violation.

There are two (2) types of Probation: Formal and Informal.

Examples of some of the terms required while on Probation are:

Violate no laws

Obey all orders, rules, regulations, and directives of the Court, Jail and Probation

Submit your person and property to search and seizure at any time of the day or night by any law enforcement officer probation officer, or mandatory supervision officer without a warrant, probably cause or reasonable suspicion.

Submit to drug testing

Use your true name and date of birth at all times

Disclose terms and conditions of probation when asked by law enforcement

Formal Probation is generally ordered when someone has been convicted of a Felony. On Formal Probation you must report to a probation officer, and if you are violated on probation a judge can sentence you to state prison.

Informal Probation does not require you to report to a probation officer, and is relatively easy to complete without much effort.

A probation violation can stem from a new law violation. But often times Probation Violations consist of:

Failure to appear in court

Failure to check in with your probation officer. (there are several defenses for this like school, work, or medical appointments)

Missing court ordered payments (often times this comes down to an inability to pay with no communication. An attorney can get a payment play set up, and may not cause to you to be violated)

Associating with the Wrong People ( you can’t always help who shows up where you go- especially as a juvenile. A skilled attorney can speak to probation and the judge about this accusation without you having to admit the violation).